Ali Hossain vs Sate Of Assam And 5 Ors

Heard Mr. PK Deka, learned counsel for the petitioner. Also heard Mr. M Nath, learned standing counsel for the Panchayat and Rural Development

Department.

The petitioner was the lease holder of Alomganj Hat for the period from 01.07.2019 to 30.06.2020. The said lease was under the Debitola Anchalik

Panchayat, Gouripur in the district of Dhubri. Due to the situation arising out of the pandemic Covid-19 in the year 2020 the respondent No. 1, the

Principal Secretary to the Govt. of Assam, Panchayat and Rural Development Department vide his office order dated 29.05.2020 extended all the

leases of Hat/ Ghat etc for one year in the State of Assam and as a result the petitioner was allowed to run the said Alomganj Hat for the period from

01.07.2020 to 30.06.2021. Due to the second phase of Covid-19 all the markets were declared closed which caused loss to the petitioner. The

respondent Nos. 5 and 6 issued the impugned NIT dated 19.06.2021 inviting applications from interested bidders for settlement in respect of the

Alomganj Hat for the period from 01.07.2021 to 30.06.2022 without taking into consideration the losses suffered by the petitioner due to the second

phase of Covid-19 in the year 2021. The petitioner though submitted representation on 29.06.2021 before the respondent No. 4 requesting to stop the

process of the NIT dated 19.06.2021 and take recourse to settle the Alomganj Hat with the petitioner for at least for one year with effect from

01.07.2021 allowing the petitioner to recover the losses caused to him due to the lockdown in the State but the respondent No. 4 is yet to response to

the representation of the petitioner and hence the petitioner filed this writ petition.

Mr. Deka in view of the losses sustained to the petitioner prayed for a direction for extension of the lease of the petitioner by the respondent No. 1 in

terms of the order dated 29.05.2020 issued by the respondent No. 1 and till then the evaluation process of the NIT dated 19.06.2021 be stayed.

Mr. Nath vehemently objected to the relief sought for by the petitioner and reffering to the provisions of Rule 49 of the Assam Panchayat (Financial)

Rules, 2002 submits that in Rules there is no provision for allowing extension of lease period. Rule 49 permits consideration of remission cases on

special grounds arising out of any natural calamities beyond the control of the authority. In addition to that, Mr. Nath also relied the order dated

22.06.2021 passed by a Co-ordinate Bench in a similar situation.

I have considered the submission of the learned counsel. I have perused Rule 49 of the Assam Panchayat (Financial) Rules, 2002 and order dated

22.06.2021 passed in WP(C) 3098/2021 wherein the learned Co-ordinate Bench relied the case law of Ali Akbar Vs State of Assam reported in 2009

(2) GLT 553 which dealt with a similar issue as in hand came to the finding that when there is no provision made in the Assam Panchayat Act, 1994

for granting extension of the period of settlement and the Act makes it clear that the settlement shall be for one panchayat financial year it is not

possible for panchayat to extend the period of settlement even though the settlement holder or lessee might have sustained losses. In view of the

same, I am reluctant to accept the submission of Mr. Deka, learned counsel for the petitioner and not inclined to extend the lease period as sought for.

The petitioner if so advised may file a representation before the respondent No. 1, Principal Secretary, Panchayat and Rural Development

Department, Govt. of Assam along with the copy of this writ petition with all annexures therein. The respondent No. 1 on receipt of the same shall

dispose of the representation and while doing so shall have due regard to the provisions of Rule 49 of the Assam Panchayat (Financial) Rules, 2002.

The representation shall be disposed of within a period of 15 (fifteen) days from the receipt of the same. Needless to say if the petitioner is aggrieved

by the order passed by the respondent No. 1 the petitioner shall have the liberty to claim the losses arising out of the lease agreement in respect of

running of the said Alomganj Hat in the appropriate forum.

With the said observation and direction, this writ petition stands disposed of at this motion stage as consented to by the learned counsel.